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(영문) 울산지방법원 2015.09.10 2015고단1637

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 13, 2011, the Defendant received a summary order of KRW 2 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act, etc., and a summary order of KRW 3 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act on December 19, 2014.

On July 9, 2015, at around 13:50, the Defendant driven a two-wheeled lane at a distance of about 100 meters from the front day of Ulsan-gu Eastdong-dong without a motorcycle license to the front day of the rooftop Park in the same Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong without a motorcycle license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on drivers and the register of driver's licenses;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes to inquiry reports and investigation reports (report accompanied by summary orders in the same type of case);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant was punished by a fine on two occasions due to driving without a drinking license, as in the previous conviction in the judgment of the court; (b) the Defendant was driving without a license without obtaining a driver’s license; and (c) the Defendant was punished in 2011 and 2014; and (d) the instant two-wheeled vehicle driven by the Defendant appears to be the same as that of the two-wheeled vehicle driven by the Defendant at the time of committing the crime in 2014, and thus, cannot be deemed to be less than the liability for such crime.

However, the defendant shall be sentenced to a fine, including the above previous conviction, in consideration of the favorable circumstances, such as the fact that he has no criminal records exceeding five times, and that he is against the punishment.